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Home My WebLink About08-03-1976 Regular MeetingREGULAR MEETING MICROFILMED 4.24 -80 CITY COUNCIL AUGUST 3, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON AUGUST 3, 1976 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY MAYOR LEO C. NICHOLAS. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: COUNCILMEN F.M. HOOG, J.L. MURPHY, MAYOR L.C. NICHOLAS, COUNCILMAN G.J. SALVAGGIO AND COUNCILWOMAN ANN H. THURM; CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK ANITA J. OSTROM, SGT. AT ARMS VIRGIL FITCH. THE MINUTES OF JULY 27,MEETING WERE APPROVED AS CORRECTED. NEW BUSINESS ITEM 1. ORDINANCE NO. 17 -76 AMENDMENTS TO ZONING ORDINANCE NO. 10-75, CITY CODE ZONING REGULATIONS CHAPTER 630 PERMISSION TO ADVERTISE MAYOR NICHOLAS READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING CHAPTER 630, ZONING REGU- LATIONS, CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA; BY AMENDING SECTION 639.51 "ACCESSORY STRUCTURES "; BY AMENDING SECTION 639.55 "FENCES, WALLS AND HEDGES "; BY AMENDING THE DEFINITION OF "LOT FRONTAGE" IN SECTION 631.01; BY AMENDING AREA AND DIMENSION REGULATIONS PERTAINING TO HOTEL AND MOTEL UNITS IN ZONING DISTRICT R -3 (SECTION 637.51), ZONING DISTRICT C -1 (SECTION 637.91), ZONING DISTRICT _ C- 2.(SECTION 638.03); BY AMENDING SECTION 637.59 "MINIMUM OPEN SPACE AREA'REQUIREMENT" IN ZONING DISTRICT R -3; BY DELETING PROVISION OF SECTION 639.71 "SEWAGE DISPOSAL" REQUIRING COUNTY HEALTH DEPARTMENT APPROVAL; BY AMENDING THE DEFINITION OF "YARD" IN SECTION 631.01; BY DELETING SECTION 635.09 "REGULATIONS ARE MINIMUM: UNIFORMLY APPLIED "; BY AMENDING SECTION 635.35 "PROVISIONS OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS "; BY AMENDING SECTION 637.51, ZONING DISTRICT R -3, BY INCREASING HEIGHT OF ONE OR TWO FAMILY RESIDENCES FROM 25 FEET TO 35 FEET; BY AMENDING SECTION 639.81 "SIDEWALKS REQUIRED" BY ESTABLISHING REQUIREMENTS FOR SIDEWALK CONSTRUCTION AND SIDEWALK SPECIFICATIONS; BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED THAT THE CITY CLERK BE AUTHORIZED TO ADVERTISE THIS ORDINANCE. MRS. THURM SECONDED AMOTION. MOTION CARRIED UNANIMOUSLY. MICROFILMED 4-24-80 �. ITEM 2. RESOLUTION 76 -43 APPOINTMENT OF ALTERNATE MEMBER TO PLANNING & ZONING BOARD MAYOR NICHOLAS TOLD COUNCIL THAT THE PLANNING AND ZONING BOARD HAD RECOMMENDED THAT MR. SAM SCOGNA AND MR. WAYNE RUTHERFORD BE APPOINTED AS ALTERNATE BOARD MEMBERS. COUNCILMAN SALVAGGIO MOVED THAT MR. WAYNE RUTHERFORD BE MADE SECOND ALTERNATE IN SECTION 1 OF THE RESOLUTION AND MR. SAM SCOGNA BE NAMED FIRST ALTERNATE IN SECTION 2. MR. HOOG SECONDED'MOTION MOTION CARRIED UNANIMOUSLY. MAYOR NICHOLAS READ THE RESOLUTION ENTITLED: A RESOLUTION APPOINTING TWO ALTERNATE MEMBERS TO THE PLANNING AND ZONING BOARD; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED FOR ADOPTION. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. RESOLUTION ADOPTED. ITEM 3. RESOLUTION 76 -44 RE: FIRST - "ADDENDUM TO.AGREEMENT WITH TENNIS PRO MAYOR NICHOLAS READ THE RESOLUTION AND ADDENDUM ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO FIRST ADDENDUM TO AGREEMENT WITH STEVEN THOMPSON TO PROVIDE TENNIS INSTRUCTION AT THE RECREATIONAL COMPLEX; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, RESOLUTION ADOPTED. ITEM 4. REPORT FROM CITY ATTORNEY RE: LANDING OF BOATS ON . ON BEACH MR. SCOTT TOLD COUNCIL THAT HE.* HAD RESEARCHED STATE LAWS AND COUND FIND NO REGULATIONS PERTAINING TO BOATS ON THE BEACH. HE SAID THAT THE CITY COULD PASS THEIR OWN REGULATIONS. HE ALSO READ TC COUNCIL THE CITY'S ORDINANCE PROHIBITING MOTOR VEHICLES ON THE BEACH. MR. FRANCIS WAS ASKED TO WRITE FOR ORDINANCES FROM OTHER CITIES REGULATING THIS'SUBJECT. ITEM 5. DISCUSSION RE PUBLIC WORKS EMPLOYMENT ACT MAYOR NICHOLAS READ A LETTER RECEIVED FROM SENATOR CHILES 'REGARDING THE NEW FEDERAL PUBLIC WORKS EMPLOYMENT ACT WITH A COPY.OF THE ACT ATTACHED. HE STATED THAT HE WOULD LIKE THE CITY TO CONSIDER APPLICATION FOR.FUNDS FOR:(13 UP-- GRADING. THE .STORM DRAINAGE SYSTEM, (2) STREET REPAIR$,(3) SIDEWALKS - BIKEWAYS, (4) REPAIR OF SEWER AND STORM DRAINAGE LINES. MRS. THURM ASKED THAT APPLICATION ALSO BE CONSIDERED FOR FIRE FIGHTING EQUIPMENT. CITY COUNCIL 8 -3 -76 PAGE 2 OF 4 MICROFILMED 4 -24.80 MR. HOOG MENTIONED GARBAGE VEHICLES AND MR. FRANCIS SUGGESTED EXPANSION OF CITY HALL. MR. FRANCIS WAS ASKED TO SEND LETTERS TO THE OFFICIALS LISTED IN THE LETTER AS CONTACTS REGARDING THE DISTRIBUTION OF THE PUBLIC WORKS FUNDS. ITEM 6. REPORT RE: MANHOLE REPAIRS MRS. THURM TOLD COUNCIL OF A MEETING WITH MR. THAYER AND STATED THAT HE HAD CHECKED AND FELT THAT THERE WAS NO EXTREME EMERGENCY BUT CLEANING OUT OF THE MANHOLES SHOULD START IMMEDIATELY AFTER WHICH THEY SHOULD BE INSPECTED BY� A CON- TRACTOR IN PREPARATION FOR REPAIRS. DICK MEHAL REPORTED THAT ALL NINE MANHOLES IN THE NORTH END OF THE CITY HAD BEEN CLEANED AND WERE READY FOR INSPECTION. MR. FRANCIS WILL BE CONTACTING CONTRACTORS WHO DO THIS KIND OF WORK TO DETERMINE THE ANTICIPATED COSTS OF REPAIRS. ITEM 7. BUDGET WORKSHOP SCHEDULE MR. MURPHY MOVED THAT A SPECIAL BUDGET WORKSHOP BE SET FOR TUESDAY, AUGUST 10, AT 7:30 P.M.. MR. SALVAGGIO SECONDED MOTION.._MOTION CARRIED UNANIMOUSLY. DEPARTMENT HEADS AND CHAIRMEN OF BOARDS WHO HAVE NOT MET WITH COUNCIL WILL DO SO AT THIS MEETING. ITEM 8. DES�IGNAT ON OF VOTING DELEGATES 'FOR FLORIDA �w LEAGUE OF CITIES$ ANNUAL CONVENTION NO ONE HAD MADE DEFINITE PLANS AT THIS TIME TO ATTEND THE FLORIDA LEAGUE OF CITIES MEETING BUT IT WAS AGREED THAT THE MAYOR OR HIS DESIGNEE BE NAMED AS VOTING DELEGATE FOR THE CITY. DISCUSSION ITEMS: MAYOR NICHOLAS READ LETTERSr ROM`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m , , 1976. 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